The waiver of the arbitration clause objection may be validly formalized during the course of the proceedings on the merits by filing a brief pursuant to article 171 ter No. 1 of the Code of Civil Procedure, such waiver being admissible even when inferred from the mere failure to reassert the objection at the hearing for clarification of conclusions.
A party’s agreement to an arbitration clause objection raised by the opposing party does not remove the objection from the availability of the party who raised it, which retains the power to subsequently waive it, the mechanism provided for in article 38 paragraph 2 of the Code of Civil Procedure not applying, which is applicable only to objections of lack of territorial jurisdiction that may be waived.
The parties’ agreement on the arbitration clause objection must actually exist at the time when the judge rules, such that one party’s agreement loses effect if the proposing party waives it simultaneously.